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Study On The Cause And Legal Liability Of Football Injury Accidents In Primary And Secondary Schools From The Perspective Of Case Demonstration

Posted on:2024-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:K ZhangFull Text:PDF
GTID:2556306914995279Subject:Sports Law (Professional Degree)
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As the country gradually attaches importance to the development of football,both schools and parents are increasingly enthusiastic about students’ active participation in football activities.However,primary and middle school students have not matured their minds,and their understanding of football is not comprehensive.Moreover,football is a fierce confrontation sport with strong sudden occurrence,so the probability of football injury accidents is relatively high,which is one of the obstacles to the development of school football.A total of 1037 judicial decision documents about school football injury were obtained through keyword search on authoritative legal websites such as China Referee Documents Website.After sorting out these documents,518 cases related to football injury accidents in primary and secondary schools were obtained,which were taken as research samples.Through the method of literature analysis,case analysis,interview and logical analysis,the causes,legal liability and exemption of primary and secondary school football injury accidents are analyzed and studied.The results show that the reasons of football injury accidents in primary and secondary schools can be attributed to the hidden danger of stadium facilities,the negligence of PE teachers,accidents,and the failure of students and guardians to perform their duties.In the judgment of the court,the obligation of education management of the school shall be determined including: providing safe facilities,proper guidance,medical assistance,supervision and management.At the same time,it also includes some areas that need to be discussed,such as high requirements for school’s safety obligations,setting too high requirements for school’s supervision obligations,ignoring students’ own behavioral responsibilities and the application of the principle of self-risk.Students’ duty of care includes following rules and instructions,respecting teammates and opponents to avoid violence,using appropriate protective equipment,taking care of their own safety,reporting promptly and seeking help.After the promulgation of the Civil Code,the principle of self-risk has been applied in cases.In the application,attention should be paid to whether the victim is an actual participant in school football activities,whether he knows the risks and participates voluntarily,and whether the injury occurs in the process of football activities.Reducing the occurrence of football injury accidents in primary and secondary schools needs the full cooperation of all relevant personnel.National government organs should implement sports related laws and regulations in practice;Popularize the implementation of special insurance system;Special considerations of the Court in sports injury decisions.The school should carry out football rules and classroom safety education activities regularly.Establish emergency plans for dealing with campus injury accidents at different levels;Teachers improve the level of training and management: strengthen the maintenance and update of site equipment.Students do strengthen football rules study,develop good habits;Scientific training to improve their skills;Learn the necessary self-protection and first aid skills.
Keywords/Search Tags:Football injury, Assumption of risk, Tortious liability, School injury
PDF Full Text Request
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